HELENA, Mont. – A California-based distributor challenging Montana’s milk freshness rules as too restrictive is taking its case to a federal appeals court after a district judge rejected the lawsuit.
Core-Mark International filed its appeal to the 9th U.S. Circuit Court of Appeals Friday after U.S. District Judge Sam Haddon ruled the company had no standing to file the lawsuit because it is a distributor, not a milk packager.
Montana requires that milk be removed from store shelves 12 days after pasteurization. Core-Mark argues that the milk it distributes remains safe for at least 21 days after the pasteurization date.
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